Hon. Senators, I have a short Communication to make. I wish to report to the Senate that pursuant to Standing Order No.40 (3) and (4), I have received the following Message from the Speaker of the National Assembly regarding the rejection by the Assembly of the Division of Revenue Bill (National Assembly Bill No.13 of 2014). The Message reads as follows:- Pursuant to the provisions of Standing Orders Nos.41 and 149 of the National Assembly, I hereby convey the following Message from the National Assembly: Whereas the Division of Revenue Bill (National Assembly Bill No.13 of 2014) which was published in the Kenya Gazette Supplement No.13 of 26th March, 2014 as a Bill originating in the National Assembly and passed by the National Assembly on 23rd April, 2014 and passed by the Senate with amendments on 15th May, 2014; Whereas the Senate forwarded its amendments to the Division of Revenue Bill (National Assembly Bill No.13 of 2014) on 3rd June, 2014 for the concurrence of the National Assembly; Whereas the National Assembly on 18th June, 2014 rejected the amendments to the said Bill; Now, thereof, in accordance with Article 112(1)(a) of the Constitution and Standing Order No.149 of the National Assembly, I hereby convey the said decision of the National Assembly, the consequence of which the Bill stands referred to a mediation committee. Hon. Senators, Article 112(1)(b) of the Constitution provides that: The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Hon. Senators, I wish to inform you that I have appointed the following Senators to represent the Senate in the mediation Committee:- 1. Sen. Billow Kerrow 2. Sen. Beatrice Elachi 3. Sen. (Dr.) Khalwale I urge Members of the Committee to move with speed and start working and report to the House within the stipulated time. Thank you.

Mr. Deputy Speaker, Sir, I beg to give notice of the following Motion:- THAT, cognizant that the core mandate of the National AIDS Control Council (NACC) is to develop strategies, policies and guidelines relevant to the prevention and control of HIV and AIDS in Kenya; noting that the operational structure of NACC has not been aligned to the Constitution of Kenya, 2010; acknowledging the objects of devolution as set out under Article 174 of the Constitution; recognizing that under the Fourth Schedule to the Constitution the health function has been devolved, except for the health policy and referral hospitals; concerned that an estimated1.2 million Kenyans are infected with HIV/AIDs with approximately 100,000 persons being infected annually; recognizing the need to achieve an “AIDS free society” by stepping up the fight against the pandemic at the county level, the Senate urges the national Government to set up National AIDS control Council (NACC) county offices in all the county headquarters with the national headquarters providing overall coordination and that the resources allocated for the fight against HIV/AIDS be disbursed and managed at the county level.

Thank you, Senator. Next Order!

Hon. Senators, I note there is a Statement to be given by the Standing Committee on Finance, Commerce and Budget on The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

No, Mr. Deputy Speaker, Sir. I requested a Statement from the Committee on Education with regard to the predicament of the engineering students who are at the Technical University, Mombasa. Due to the urgency of the matter, the Statement was supposed to be presented today. However, I have not seen the Chairperson of the Committee or any other Member taking up the issue.

Sen. Karaba, can you come to the front and respond to that issue? If you are not ready, we can move on to the next Order.

Mr. Deputy Speaker, Sir, I will be able to do it later.

Later today or when?

On Thursday, Mr. Deputy Speaker, Sir.

Sen. Karaba, that Statement was supposed to be issued today. That is what Sen. (Eng.) Muriuki has said. What is the problem?

I have just arrived.

Could you, please, use the microphone, I cannot hear you.

Mr. Deputy Speaker, Sir, I have just heard about the Statement. I am sure by Thursday, I will be able to release the answer.

Sen. (Eng.) Muriuki, is that okay with you?

Mr. Deputy Speaker, Sir, unfortunately, I am not finding myself with a choice. But allow me to explain the urgency of the matter. I will just take one minute. There is a batch of engineering students who are supposed to graduate from the Technical University of Mombasa. The university is not recognized by the Engineers Board of Kenya (EBK). Therefore, if they graduate this week, they will be permanently ineligible for registration as professionals. This is why we need the Government to tell the Senate, or for that matter the nation, what is being done to address their predicament. The Chairperson of the Education Committee must put more effort to get a statement so that the Government can intervene before these poor students lose their professional life.

Do you have a form of a deadline when this must happen? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, the graduation is supposed to happen this Friday. The Government is in a position to either hold the graduation for this particular batch of students or somehow determine which way they go. They have already spent five years studying. However, their degrees will be rendered useless unless the Government intervenes.

Sen. Karaba, in your absence, your Vice Chairperson had undertaken to issue that Statement today. That is what my record shows. You have heard the urgency of the matter. Is there anything you can do better than Thursday?

Mr. Deputy Speaker, Sir, I can only do it on Thursday.

No, I am directing that you do it tomorrow. Do what you have to do. If it means summoning the relevant officers, let us have a Statement by tomorrow at 2.30 p.m.

Okay, Mr. Deputy Speaker, Sir. I go by the order.

Are there any other Statements? Next Order!

Hon. Senators, this Bill is coming for Division and I do not seem to see the owner of the Bill, Sen. Martha Wangari. Sen. Keter, do you have anything you can say about this?

Mr. Deputy Speaker, Sir, why do we not do the voting later on, whether the Mover of the Bill is there or---

The question is: She is the owner of the Bill, why is she not here? Do you have any indication?

Mr. Deputy Speaker, Sir, I thought when the Bill is here we own it as a House.

We do own it.

Therefore, Mr. Deputy Speaker, Sir, whether the Mover is there or not and so long as it has gone through the processes, we, as a House, are mandated to do the necessary.

I agree with you, Sen. Keter. But do you have any indication why she is not here?

Mr. Deputy Speaker, Sir, I am not aware of where she is. Give me The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

The only problem is that we have other business of the House.

Mr. Deputy Speaker, Sir, I am being told she is out of the country.

Can you approach the Chair?

Mr. Deputy Speaker, Sir, I was saying, because we do not know where Sen. Martha Wangari is, I want to use Standing Order No.54(3) which---

Order, Senators! Sen. Wako, could you, please, take your seat? Proceed, Sen. Keter.

Mr. Deputy Speaker, Sir, I want to invoke Standing Order No.54(3) to request that we defer the Bill until tomorrow, so that we can do consultations and make a decision as a House.

The only reason I will allow your intervention is because, of course, we have gone through the Bill. We also do not know what has happened to Sen. Wangari.

Hon. Senator, when you have finished your theatrics, we can proceed. Sen. Omar, can we proceed? Let us have some order. Hon. Senators, we shall have this Division tomorrow after 2.30 p.m.

Next Order!

On a point of order, Mr. Deputy Speaker, Sir. Before we embark on the next Order, if at all, I had notified the office of the Speaker my intention to move a Motion of Adjournment over a matter of grave national The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Order, Senators! We have the numbers that are required under Standing Order No.33. I had received the notice. I have approved the Motion of Adjournment from Sen. Wetangula. From where I am standing, I wish to say that I received two Motions on the same issue. You know how they say: “Great minds think alike.” One was from the Senate Minority Leader and the other from the Senate Majority Leader. It was agreed on by the Rules and Business Committee that Sen. Wetangula will move the Motion of Adjournment. When the time comes we shall proceed accordingly. It is important for me to let Members know that, so that when you see me giving equal time to both the Senate Majority Leader and the Senate Minority Leader, it will not be against the rules of the Standing Orders of the House. Sen. Wako, how long will you take in moving the Bill?

Mr. Deputy Speaker, Sir, I will not take very long.

Roughly, how long? Just give us an indication.

Maybe 20 minutes.

I direct that the Motion of Adjournment will commence at 3.30 p.m.

Let us move on to the next Order. Sen. Wako.

Mr. Deputy Speaker, Sir, it is now my pleasure to move that the Statute Law (Miscellaneous Amendments) Bill (Senate Bill No.6 of 2014) be read a second time. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): I know him.

I am glad that the Majority Leader knows him. Sometimes I tend to get the feeling that coaches are not as known as the players. Wilberforce Mulamba comes from Busia and he is coaching in Germany. You can see how Germans are doing in the World Cup now.

On a point of information, Mr. Deputy Speaker, Sir.

Sen. Wako, do you want to be informed?

The only boxer from Africa to win a gold medal in Olympics, Mr. Robert Wangila Napunyi came from Busia. So, in other words talent starts at the county level.

Sen. Wako, do you wish to be informed?

Mr. Deputy Speaker, Sir, I am looking at the time. I will give you later. I can say that Nyandika Mayoro came from Kisii. This was the first African to be number seven in the Olympics during the colonial times in 1950s. That was a wonder. I will now take the point of information. Thank you.

You can come to the Dispatch Box.

May I inform Sen. Wako that---

Sen. Wako, I am sure you are aware that two Members cannot be standing at the same time.

May I inform Sen. Wako that we also have a Mr. Marwa, a referee from Kuria in Brazil.

Mr. Deputy Speaker, Sir, actually I was coming to that. It should have been better if it came from me. The fact of the matter is that our Constitution has properly placed a very important role to the county governments in developing sports. Sports can only be developed when people are still young. That is the time when we can really develop their talents. So, more resources must be given to the county governments to ensure that we tap the immense resources that are there amongst our young people for The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. Wako, just for your information so that you do not feel constrained, I said that the Motion of Adjournment will commence at 3.30 p.m. I did not say that you must finish moving the Bill by 3.30 p.m. I wanted you to start moving the Bill and you have one hour, remember that, you have now taken about 35 minutes and I do not want you to feel rushed. So, it is up to you, if you want to finish it, but you have a lot of time.

Mr. Deputy Speaker, I have already felt rushed, but thank you very much for that information. I felt so rushed that I have gone through a number of them so quickly. However, there will be somebody else who can move, I think it is my Vice- Chairman.

Did you get me correct? I said you do not have to finish by 3.30 p.m. Your time would be saved if you feel that you must finish. When you move a Motion you have one hour. I just said that the Motion of Adjournment will commence at 3.30 p.m.

Mr. Deputy Speaker, Sir, thank you very much for that information. I will continue now and take longer. I was trying to rush through the other amendments, but now that I know what my rights are, the remaining ones nitaenda pole pole kidogo.Asante sana. Mr. Deputy Speaker, Sir, when it comes to sports, we really would want to take this opportunity to ensure that the county governments play their role. They will play their role because I know under the Sports Act, there are some stadia called “national” like Kasarani, Nyayo and so on. However, we would want to encourage the national Government to allocate more money to the county governments so that the natural talent that is there in our youths is properly utilized. Mr. Deputy Speaker, Sir, when we talk about shortage of employment in this country, we also talk about Uwezo Funds and other funds to encourage our youths to be entrepreneurs and so on. I believe the same amount of energy that we are spending on encouraging entrepreneurs, should also be spend on encouraging our youths. When I was in school long time ago, athletics and other games were not really valued. In fact, you tended to think that those who were very good in sports were those who were not very good in the classroom. So, they were looked down upon. At our time when we were in school we only knew soccer, hockey and volleyball. We did not have these varied games like swimming, tennis and so on. We were also given the impression that good employment where you can get money is white collar jobs. We have now realized that there is a goldmine in this thing called sports. If you can excel yourself in any aspect of sports - like the people I mentioned who play in Europe are millionaires. They are earning more than you and I. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. Wako, your time is up for now. You have 25 minutes more and you will continue tomorrow after 2.30 p.m. We shall now proceed to the Motion of Adjournment. Sen. Wetangula, you have ten minutes and every other Member contributing shall have five minutes, except the Leader of Majority who has ten minutes should he choose to contribute. You may proceed now.

Mr. Deputy Speaker, Sir, listening to Sen. Wako, one would think if he was reincarnated, he would be a footballer or an athlete other than a lawyer. Mr. Deputy Speaker, Sir, thank you for allowing me to move this Motion of Adjournment with a very heavy heart. Once again, we have witnessed a senseless murder of Kenyans in huge numbers. I am talking about what happened in Wajir over the weekend where we get from press reports that 20 innocent lives were lost in a senseless and avoidable attack between two clans. As I speak, news coming in is that another large number of Kenyans have lost lives in Lamu, in Witu. Reports filtering in indicated five then it moved to ten. Some of our supporters on the ground are saying the numbers could be higher. Mr. Deputy Speaker, Sir, we also witnessed Baringo where we saw wanton destruction of property leading to loss of lives when one community turned against another community. This is going on and on and on. We are not counting the nameless and unidentified victims of violence in our poor neighbourhoods, in our slums and all over the country. In a nutshell, the security situation in the country has reached unacceptable levels. Last week we adjourned this House to talk about the massacre in Lamu, Mpeketoni. Each and every Member expressed disgust, outrage and dissatisfaction in the manner in which our security agencies are going about their work. Whether we are talking of intelligence gathering, intelligence sharing, intelligence dissemination or acting on that intelligence to forestall these ugly incidents. Mr. Deputy Speaker, Sir, it makes little sense for the Government of the day to come up and continue giving warnings that “this is intolerable, this will not be accepted, we are going to leave no stone unturned to catch up with the perpetrators”. However, people are dying, people are losing property and people are being displaced. When you look around the country, whether you are talking about Bungoma, Nyando and everywhere, lives are being lost. Yet we have a government that levies taxes from citizens and has a duty to protect them. We do not want to engage in endless blame The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of information, Mr. Deputy Speaker, Sir.

Please do.

Mr. Deputy Speaker, Sir, I just want to inform Sen. Wetangula that when I was coming here, I saw a convoy of Wajir and Mandera leaders going to State House for a photo opportunity and, probably, to talk about the issues.

Thank you for that information.

On a point of Order, Mr. Deputy Speaker, Sir. With all due respect to the Senator, is he in order to imply that at a time when we know what has happened to Wajir that the Senators and leaders from that area are in State House for a photo opportunity? At the very least that is unacceptable. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, Sir, De

, as we call it in law, is in Wajir and not in State House.

Sen. Wetangula, you are the one who has been informed. I do not know whether it helped you at all, but let me say this pursuant to what Sen. Mutahi Kagwe has said. This is directed at Sen. Hassan. The trouble one has sitting here, where I am sitting, is that a lot of times you do not know what a Member wants to say, whether it is on a point of order or a point of information. We only know after the fact. When I allowed this Motion of Adjournment, it was because it is a matter of national importance and a very serious issue. So, I do not know whether it is indeed a moment to take this Motion lightly. Sen. Wetangula is moving his Motion, and I am sure he is taking it very seriously. I think at this time when people are mourning, it is not the right time to give information which may not be very helpful as a matter of national importance. I think it is important for me to state that.

Mr. Deputy Speaker, Sir, the point I was emphasizing was – I believe the House got me – that we want even and equal response to calamities. You have heard Cabinet Secretary, Waiguru, saying that she is going to rebuild the homes of the people in Mpeketoni and that she is sending money there. We were shown the people of Baringo in total destitution, but she has said nothing about Baringo. She has said nothing about Bungoma, Nyando and everywhere else. We are saying that whatever is done to one community must be done to other communities and every individual in Kenya because these are public funds from taxes that wananchi pay. The distinguished Senator for Tana River can tell you that – I go to Tana River from time to time for my politics – the people who were killed and displaced in Tana River still remain destitute to today and nobody talks about them. We have forgotten about them. Mr. Deputy Speaker, Sir, finally, as we cried here last week about the inadequacy of performance of our security organs, everybody here said that our Inspector-General, the Director of National Intelligence Security (NIS), and the Director of the Criminal Investigation Department (CID), are sleeping on the job. What do we see? The President has given even more powers and responsibilities to an already inept Inspector-General. He cannot handle the police force whereas he is now being given the National Youth Service (NYS), the Administration Police (AP) and other formations. They have been loaded on a man who cannot carry the small load that he is carrying today. This is not how to run our security systems and this is why we are having these endless massacres of Kenyans and we come out to carry postmortems and make statements that touch people’s hearts and do nothing to give them security and life goes on. We are in the comfort zones of Nairobi protected by the security agencies but people out there do not know when they wake up, whether they will go to sleep. They do not know when they go to sleep, whether they will wake up. I want to urge this House that it is time now even for this Senate, as a institution that protects counties, to probably have a retreat with our governors and call in these security agencies and see how we can pull the synergies available together to protect Kenyans and stop this ongoings that are causing endless losses of lives in our country and that is making us look like a laughing stock in the region. I urge that your office helps The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

The Floor is open and like I said, any Senator wishing to contribute has five minutes.

Thank you, Mr. Deputy Speaker, Sir, for this opportunity. I want to laud my colleague, Sen. Wetangula, for moving this Motion of adjournment because of the problems that are in our country, Kenya today. I rise to say that this is not a political matter where people may think that it is affecting the people from the Opposition or the Government side. This is an issue that all of us, as Kenyans, must come together, because we have never seen this happening before and so it calls upon all of us to be extra vigilant. The kind of killings that are taking place calls upon all of us to look at it seriously because this is not for the benefit of anybody and the Government is not enjoying seeing the people suffering. I also come from a region which is sometimes affected by cattle rustling. The moment we dwell on lamentations and blame game, it will never sort us out. Personally, I wish to say that we should sit down with the security team led by the Inspector-General, the Cabinet Secretary and the other senior officers to tell us what really is happening so that we can also be able to give our input. We should not give conditions and start saying that so and so must go. We are not going to run away from the current problems because right now Kenya has entered a phase where we must just start to look at our security apparatus and put security measures in place. Mr. Deputy Speaker, Sir, I brought a Motion here about enhancing roles of Wazee

. These are elders who are depended on by some communities more than some of the security organs that we have on the ground. The Kenya Police Reservists (KPR) are also depended on more in some areas. As we find a solution, we need to zoom down and see how we; the communities in Kenya, can sit together and suggest what security measures we can put in place in our communities. Personally, in the North Rift and the pastoralist areas, we want to depend on elders as well as the KPRs and so we have no choice. We cannot say that some of the measures that we are putting in place are not assisting elsewhere. We must be able to look at it across the board. We talked about the

Initiative and so far, we have not received any information on how it is working. I visited some of our offices in some remote areas where some of these problems occur and whereas we blame them here, they do not have fuel for their vehicles, besides some vehicles having broken down. How can we assist them? I am told that this time round we have given them more money and I am hoping that with the money that has been given, security measures can be enhanced. As we face these challenges, we need to think afresh how our children in the nursery and primary schools can be conscious of the security around them. This is not the Kenya that we knew a few years ago. I am told that in some countries, young children are taught how to protect themselves. We have no The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Asante sana, Bw. Naibu Spika. Niruhusu niseme yangu machache juu ya janga hili la kukosa usalama nchini. Tunapoongea jambo hili, tujue kwamba kwa kawaida, matibabu ya ugonjwa sio lazima kugonga pale uchungu ama maumivu yalipo; eti ukiumwa na kichwa, unaenda kukata kichwa kwa sababu uchungu uko kwa kichwa. Labda shida ni nyingine. Labda una viini au damu inakimbia sana. Kwa hivyo, ni lazima utafute ni sababu gani kichwa kinauma wala sio kukimbilia kukata kichwa. Hivyo ndivyo wenzetu labda wanafikiria juu ya jambo hili la usalama; kwamba labda kwa sababu kuna vita au watu wameuwawa sehemu fulani, inafaa Mkuu wa Polisi akimbie huko. Ni kwa nini watu wamekosa uzalendo? Ni kwa nini kuna kulalamika hata ikaja ikatokea vifo vya wananchi wa Kenya? Haya ndio mambo ambayo yanastahili kufikiriwa na tuyaongee kinaga ubaga kwa sababu si vizuri kuficha. Umaskini ndicho chanzo kikubwa cha wizi wa mifugo hapa na pale; kutokupata haki inayotosha, inayoonekana kwamba inalingana kwa binadamu wa nchi hii wote. Kuna umuhimu wa kupeleka rasilmali iliyo sawa vijijini nchini kote. Kukosa mawasiliano mazuri pia ni changamoto kubwa kwa sababu sehemu zingine hakuna barabara na viwanja vya ndege. Kwa hivyo wezi wanapata nafasi ya kufanya yale wanaoyofanya wakijua kwamba Serikali haitawafikia haraka. Kuna changamoto ya siasa. Wengine hawakukubali kwamba labda uchaguzi ulitendwa kwa haki. Wamekosa vile watakavyosema, na kwa hivyo wanaona ni lazima wachukue silaha na kuanza kupigana, na kadhalika. Kwa hivyo, ni lazima tuangaze mawazo yetu kwa fikra ambazo zina maana kwa mambo ya usalama nchini. Lakini hata hivyo, ni kufundisha wananchi kwamba wao wenyewe; watu 42 milioni, wana jukumu; kila mtu kibinafsi kuchukua usalama wa nchi yao kama jambo la uzalendo. Kwa sasa hivi, maofisa wa Serikali na polisi ambao tuko nao hawawezi kuhudumia kila mtu kwa sababu ni mmoja kwa watu 4,000. Haiwezekani kila mtu kuwa The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Order! Your time is up.

Add me one more minute!

You are only allocated five minutes. Sen. Bule, come to the front.

Asante, Bw. Naibu Spika, kwa kunipa fursa hii ili nizungumzie jambo hili muhumi katika Kenya hii siku hii ya leo. Mimi binafsi ninavyofikiria ni kwamba viongozi na wananchi wa kawaida nchini Kenya wamekosa uzalendo. Kukosa uzalendo husababisha mtu afanye jambo lisilofaa ndani ya nchi yake. Mkenya akimuua au kumuathiri Mkenya mwingine, huyo si mzalendo. Tumesikia kwamba kule Wajir wananchi wanauana, kule Mpeketoni wananchi wanauliwa, viongozi wanauliwa Mombasa na watu kuuwana ovyo ovyo, lakini hatujaona hatua madhubuti ambayo imechukuliwa hadi sasa. Haya yote ni kwa sababu ya watu fulani kulala kazini. Maseneta, Wabunge, Mawaziri na polisi wote wamelalia kazi zao. Hii ni kwa sababu katika hii Seneti na katika Bunge la Kitaifa, kuna kamati ambazo zinashughulikia mambo ya amani na usalama wa Wakenya. Wakenya wamekuwa wakikosana hapa na pale miaka nenda, miaka rudi, na kamati hizo zimebuniwa kuangalia maslahi ya Wakenya wanaozozana hapa na pale. Katika kamati hizo, hakuna hata siku moja - mimi nikiwa katika kamati ya Seneti ambayo inalipwa kutokana na ushuru wa Wakenya – ya kuenda kuwajulia Wakenya ni nini inasababisha tatizo hili ilhali kila mara tunaenda kumtembelea Rais katika Ikulu na kumwambia kwamba tunafanya kazi. Huo ni ulaghai na kudanganya Wakenya. Nikiumwa na kichwa, mwili wote unadhurika. Mtu akikosa akili hawezi kuwa na fahamu. Kichwa cha taifa la Kenya kina ugonjwa. Sisi viongozi ndio watu wa kulaumiwa. Sisi ndio tumekosa---

Jambo la nidhamu, Bw. Naibu Spika. Mwenzangu amesema kuwa kichwa cha nchi hii kinauma na kimekosa nidhamu au kina ugonjwa. Ningependa atueleze anamaanisha nani.

Asante, Bw. Naibu Spika. Nitakueleza kinagaubaga---

Order, Sen. Bule! Take your seat; there is another point of order!

The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Mr. Deputy Speaker, Sir. Did you see the manner in which the Senator is moving from that side to this side without bowing? But that aside, I think that the Senator was in his very best moment, and I wished that he was not interrupted by Sen. Machage. I want to add that he has actually nothing to substantiate about metaphoric use.

Order, Senator! The point of order was not directed at you.

Asante, Bw. Naibu Spika. Hayo yote ni matatizo ya hapa na pale. Wengine wamekosa kazi ya kufanya. Ikiwa mimi nimelalia kazi yangu na sikuweza kufika Mpeketoni na Wajir---

Order! Sen. Machage raised a point of order. Can you try and explain what you meant?

Bw. Naibu Spika, nikisema “vichwa” ninamaanisha kuwa katika Kenya hii kuna kiongozi ambaye ametoka Tana River na anawakilisha watu wa Tana River. Kuna yule anayetoka Wajir na anawakilisha watu wa Wajir. Kwa nini tusizungumze hata siku moja kuhusu mbinu za kusuluhisha tatizo hili? Kwa hivyo, tusilaumu yeyote yule kwa sababu sisi tulioko uongozini hapa tumelala kazini. Mimi nikiwa mmoja wa wanachama wa Kamati ya Uwiyano na Nafasi Sawa ambayo inafaa kuhakikisha kwamba Wakenya hawadhulumiwi, ninajua kwamba hatujachukua hatua ya kufika kule. Kwa nini tunaruhusu Wakenya wauane? Bw. Naibu Spika, kwa hivyo, Wakenya kuanzia kwa polisi na hata sisi viongozi tumekosa uzalendo. Polisi wengi wako vyuoni wakisomea shahada za Degree ili waongezwe mishahara. Tunafaa kuwaajiri kazi polisi ambao hawajasoma sana ili wapambane na uhalifu. Masomo mengi ndio yamefanya tuwe na shida Kenya. Tunafaa kuajiri polisi spesheli katika kila kaunti ili wadumishe usalama katika kaunti zao.

Order, Senator! Your time is up.

Bw. Naibu Spika, naunga mkono Hoja hii.

Thank you, Mr. Deputy Speaker, Sir. I rise to support this Motion, with a lot of humility and sadness in my heart. This is because we are talking about human beings, Kenyans and God’s creation. We are not talking about an ethnic group or a people coming from one region or the other. Human beings have been killed and Kenyans are losing their lives. Mr. Deputy Speaker, Sir, insecurity is insecurity and death is death. There is no death that is sadder or more painful than the other. I am talking as a mother. When you lose a life or a child, the death of one child is as painful as the death of the other child. So, I am supporting as a Senator, legislator, Member of this House and Kenyan; that it is time that we stopped grandstanding and enslaving ourselves in political cages and ethnic enclaves. It is time that we came together to reason together. It is time we stopped being reactionary and started finding the root causes of these killings. What is really sad is that we have line Ministries and relevant departments, and every year, we give them huge budgetary allocations. It is really sad that over the years, they have never been able to use this money, within our boundaries, to investigate and bring somebody to book. Kenyans are being killed within our own boundaries and despite all the data and intelligence reports that we have collected over the years, nobody has The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Your time is up!

Mr. Deputy Speaker, Sir, I beg to support.

Thank you, Mr. Deputy Speaker, Sir, for allowing me to contribute to this Motion. From the outset, I support the Motion. Mr. Deputy Speaker, Sir, it is really sad that whenever we talk about the status of our country, the major thing that features is insecurity. Today, my colleagues are debating soberly as opposed to the other day when quite a number of them were emotional.

On a point of order, Mr. Deputy Speaker, Sir. Is the hon. Senator in order to mislead this House that all we do when we give very weighty political statements, is become emotional without reason? We only give facts and those are the facts that are leading to these issues.

On a point of order, Mr. Deputy Speaker, Sir. Is Sen. Ongoro in order to mislead the House by raising issues that were not raised by Sen. Mositet? Sen. Ongoro was not here when we were debating the other Motion on security, which was a little bit more heated. But today, I agree with Sen. Mositet that we are more sober and collected.

On a point of order, Mr. Deputy Speaker, Sir. When I rose on a point of order, I was making reference to what the Senator referred to as being spoken in political rallies, to which I always listen to. So, is the Senator in order to further---

Which Senator? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. Murkomen. Is Sen. Murkomen in order to further mislead this House that I was misleading the House, when in fact, I am referring to facts?

Mr. Deputy Speaker, Sir, I think that the hon. Senator did not really get me correct. This is because I did not refer to what has been said in rallies. In fact, I was just referring to what happened in this House a week ago, when each and every Senator was trying to catch the Speaker’s eye to speak about the same things which are happening in this country. I know that everyone of us feels that things are not going the right way, but on that day – and Sen. Murkomen will bear me witness – people were really emotional, to an extent that some were calling for the resignation and sacking of others. But today I think that we have known that this issue is beyond just sacking of one person or sacrificing two people. Mr. Deputy Speaker, Sir, as leaders of this country, as Sen. Bule said, we really need to stop thinking just about ourselves, and think about this nation. It has come a time when we need not to think about which political parties we come from. We need to think about this country. When we come to this House, we are supposed to have sober debates which will lead to some solutions to the problems that we have. Mr. Deputy Speaker, Sir, when I was young, I remember very well that the National Intelligence Service (NIS) was working very well. At that time, it was referred to as the Special Branch. For example, you would be told that a waiter in a bar was actually an Inspector of Police, after she had arrested a wanted person. Sometimes you would even hear that a herdsman had arrested a poacher, simply because he had been identified properly. In the so-called NIS, quite a number of the officers now are graduates. But do we really require graduates to perform NIS work? Mr. Deputy Speaker, Sir---

On a point of order, Mr. Deputy Speaker, Sir. Do you hear the Senator say “in the so-called NIS?” Could he further explain what he means by “the so-called NIS?” I think that the words are derogatory.

Mr. Deputy Speaker, Sir, it is NSIS, but I believe that quite a number of us are wondering whether they deserve that name.

Do we still have NSIS?

Mr. Deputy Speaker, Sir, it is NIS. Mr. Deputy Speaker, Sir, how did we recruit the NIS personnel? Are they from all regions of this country or one region? That could also be the problem and we must really look into it. Again, the NIS cannot just say that they gave out information and were expecting something to happen. In this age of Information Technology (IT), they should say that they are expecting this and that to happen. They should not just give blank information without precision. Mr. Deputy Speaker, Sir, we are talking about the CCTV cameras and so on. We have CCTV cameras even here in Nairobi, but we have never been told how many criminals have been caught through the help of these CCTV cameras, yet we want to invest even more money in installing them. So, the time has come when we need really to look at the line Ministry properly and see whether the security personnel are advancing their technology and research into how we can apprehend criminals. We should also find The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, Sir, I rise to support this Motion. Mr. Deputy Speaker, Sir, I think that our country is in a very big crisis, in that everyday we hear of people dying. One wonders what the Government is doing about this, because it has the responsibility to protect the citizens. As leaders on this side, we are saying that things out there are bad and our friends on the other side are saying that we are politicizing the matter. We do not write stories in the media, but you will find reports everyday about insecurity. This should concern us, as leaders, because at the end of the five years – in 2017 – we will be judged by the wananchi on how we have performed. What will you tell people in 2017 when you are asking for votes? Will you go to a home where someone has died and ask for votes? Even as the Jubilee Government, you will be asked: “What did you do when our people were dying?” I remember my uncle lost elections during the Moi era because many people died in Kimilili and he said nothing. Why? Because he was a friend of the “big man”. When elections came, people voted him out. They said: “Enough is enough.” Then there was insecurity in Bungoma County. People died and I said: “Where is our God?”I thought the issue of insecurity was only about Bungoma County, but we have seen this is spreading all over in the counties. Today, it may be my county, the next day, it is yours. You are seen on television trying to protect the Government and in your backyard, people are dying. What will you tell your people? As leaders, we need to be responsible. We need to condemn these killings because they are not about one person. These incidents are affecting our mothers and brothers. The tourism sector is going down; people are losing jobs because hotels at the coast are closing down. What will we, as leaders, tell our people? I am embarrassed. I do not know what to say because this issue has affected people in Trans Nzoia County. I remember people were being murdered and we did not know what to do. The other day, I was so shocked. I was confronted by people from Chepchoina Settlement Scheme who were allocated land in 1998 by former President Moi. These people are being moved; you remove a Marakwet, you replace with another Marakwet. You are making communities to fight. We were told by another Senator from the Jubilee Coalition how 11 people were burnt to death in their houses. People have been maimed as a result of the Chepchoina Settlement Scheme Phase II issue because of trying to shortchange people. Somebody has been given land, he is a squatter and another squatter is brought. I do not know who is a better squatter. You find District Officers as squatters. We should correct these imbalances or historical injustices that are the cause of some of these problems. Mr. Deputy Speaker, Sir, does the National Intelligence Service (NIS) lack capacity? If somebody is not performing, even if he or she is my friend, and people are dying, I will tell that person to step aside. Let us put the lives of our citizens first. We should not try and blame the Coalition for Reforms and Democracy (CORD) because this party has been very vocal on this issue. These killings have been going on and we are saying: “No, it is wrong.” We need to protect our people. We should not politicize these The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, Sir, this Motion is pertinent to me and my people in Samburu County. As we speak about insecurity in Kenya, some of us who have worked under those agencies have a lot to talk about. Insecurity did not just start the other day when the Ole Lenku or the Kimaiyos are there. This issue has been affecting us for many years. I would like to urge all the leaders whether they are in CORD, Jubilee or any other party to stand up for Kenya. Kenya at this moment is at cross roads because of insecurity. We have road carnage, cattle rustling, terrorism, poaching and many other insecurity issues affecting us. We must stand up. Let us not point fingers at each other. Let us emulate those leaders who talk about Kenya as a nation; Kenya as one people, not divided. Last weekend, the Senator for Marsabit County who belongs to CORD and myself had a peace meeting between the Borana, Rendille and Samburu. That is the type of leadership that we would like to see. Let Raila, President Uhuru and Kalonzo sit together and talk.

We do not want to see another Saba Saba . Those of you who were there during the SabaSaba of 1990 know what I am talking about. I was there and we would not like to see another Saba Saba coming up. We have achieved all we wanted. Section 2A tuliitupiliambali . The people who were killed in Mpeketoni were not just from one tribe. When I saw their names, they were the Giriama and the Kambas. Those were Kenyans, they were not from one tribe. Kenyans were killed and we want to know who killed them. We want to be told the people who planned the attacks. The NIS and the police must play their role. We do not want the NIS to give us wrong intelligence. We have allocated a lot of money to the two institutions. We need them to come out and tell us the “A”, “B” “C” and “D” of what happened. We want to know: Who were the perpetrators? Whose vehicles were used? Where were the intelligence officers stationed there? Where were the

initiative elders? Mr. Deputy Speaker, Sir, on poaching, we are trying to blame the Chinese. The Chinese do not have guns and do not know our areas. But some people are using our local boys to kill our animals. Everybody must come out and assist our President so that we curb insecurity in Kenya; whether you from the CORD or Jubilee coalitions. Please, brothers, just assist us. Let us stand as one country. Mr. Deputy Speaker, Sir, on the issue of terrorism, we have about 1,000 kilometres of border between Kenya and Somalia. I have been asking myself: The KDF The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Yes! Correct!

From there to Nairobi is about 700 or 800 kilometres. Why are police roadblocks there? Where are the people of the Nyumba Kumi ? I cry and pray that we should stop taking the Orengos to record statements for no reason.

Let the Jubilee and CORD coalitions stand up as parliamentarians and as leaders of Kenya. Please, I am begging you, let us stand as one people because Kenya is at crossroads of insecurity, poaching and many other ills affecting us. Mr. Deputy Speaker, Sir, with those few words, I thank the Mover of this Motion.

Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity to contribute to this important Motion. We, as the Senate, are here to defend the counties and ensure that they take off. But what we are discussing is what is required before anything can take off. Without security, we will have no country, counties and there will be no development. Those of us who come from those areas which at times become insecure know that when the security of a human being is threatened, he or she forgets everything and ends up protecting himself or herself. Maybe that is where Kenyans are right now. We cannot have any development. This is the most important thing that, we, as leaders, must address before we can talk of developing our country or protecting the counties. Mr. Deputy Speaker, Sir, currently, we are talking of cases of insecurity throughout the country. Now, anybody with any idea of trying to achieve some ulterior motives will look at what is going on around and if somewhere, somebody has created insecurity – maybe he has killed people and no action has been taken – it emboldens the others. That is how it used to be in Marsabit, Mandera and it is now even at the Coast. We are even surprised that the other day when this incident occurred in Mpeketoni, the Government came out very strongly; we thought that the issue will be sorted out. But even up to today, we still get messages that there are more killings. So, it is as if the criminals in this country or those who are out to derail development have realized that our security system is not working. That is where we need to fix. First of all, Mr. Deputy Speaker, Sir, I think whoever is in our intelligence system has to wake up and realize that other than being an intelligence officer; he or she is also a Kenyan. They owe all of us that responsibility of making this country secure by getting the right intelligence information at the right time and passing it on to the right people who can act on it. That seems to be lacking. We are being told that information has been passed on and nobody has acted on it. Even though we have the security forces, they need to take their work seriously. So long as we have the problem of insecurity, however much the people in charge of security talk and tell us that it is not them who are responsible, we will still hold them accountable because that is what they are being paid for. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. Mutahi Kagwe.

Thank you very much, Mr. Deputy Speaker, Sir. From the outset, I rise to support the Motion. Indeed, it is a sad moment in our nation when we can stop the business of development and progress to discuss the business of people who are killing The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. Orengo!

On a point of order, Mr. Deputy Speaker, Sir.

Who has a point of order? Sen. Murkomen, I wonder about what your point of order is about because nobody has said anything.

Mr. Deputy Speaker, Sir, with all honesty, I have been standing all through, before even Sen. Orengo came to the House, but I was pleading with your eyes to see me.

I did not get the last part, Sen. Murkomen.

I was pleading with you that your eyes may have favour with me.

Sen. Murkomen, let me say this again; I keep a list. I do not think it is right for you to tell me when Sen. Orengo came to the House because I keep a list. Even when I see you, I will see as if you are sitting on the other side. I think you need to realize that because your name is on the list and when time comes, I will still call you. I do not think it is right. It is wrong for a Senator to tell the Speaker when they should be called. I think it is absolutely wrong, out of order and a sign of disrespect to the Chair. I am not asking for an apology but stating a fact. I think it is wrong, I am saying this for the sake of the House, for any Member to tell the Speaker that they should be seen.

Mr. Deputy Speaker, Sir, thank you very much for giving me an opportunity to contribute to this Motion. First of all, I want to appreciate the by-partisan manner in which this debate is being held because unless we do that, we are not going to resolve the more important problems that confront the nation today. If you look at Article 238 of the Constitution, it requires of the national security organs of the state to protect the territorial integrity of Kenya against external and internal threats, and also protect the people. On that account alone, it must be admitted that there is some degree of failure because constantly, we are hearing these tragic events of lives and property being lost and destroyed. There are also invasions into our territory. Mr. Deputy Speaker, Sir, one of the principal objectives of our security organs is to protect the people and not just to protect the state so that when the NIS is saying that they had advance information like in the case of Mpeketoni and also in the case of Westgate attack, and gave it to security organs or other people in the Government but they did give the people that information - I think that is total failure. It is important that if they indeed had information that there are going to be attacks in Mpeketoni, just like the Americans are doing to their citizens whether they are in Kenya or in the United States of America (USA), they would normally warn them that there is an imminent danger to their lives so that they can avoid certain areas. Constantly, every time NIS is speaking, they say they gave information but nobody put any regard to it. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Your time is up.

With those few remarks, I beg to support.

Sen. Elachi.

Mr. Deputy Speaker, Sir, for the last 50 years, we have talked about insecurity, the police, its leadership and so on but in the last 30 years, we realize that things have really changed. It is time that, as leaders, we need to look at the country and relook at the force itself. As much as we talk about the top leadership and saying that they are not doing their work, we also need to ask whether the reforms are transforming the force or are we retrogressing in the same. You will find that there is a lot of competition within and the police officers are demoralized due to the poor welfare. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary Speaker. Since what I wanted to say has been said, I will talk generally. First and foremost, I want us not to beat ourselves too hard on the fact that we do not agree on some of the fundamental issues. I think our The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary Speaker. The situation in the country is very sad. Even after we had a very fierce debate here last week and gave our suggestions, as late as today, we have heard that there are people who have been killed in Mpeketoni, Wajir and Mandera. Madam Temporary Speaker, as I said last week, and stand by it, our country needs to have a modernized security system. We need to apply what I would call “the digital” approaches to security management. I still want to insist also that it is not possible for all policemen to guard every house. It is actually a definition of our primitive energy, as a people, that a neighbour can get a panga or gun and shoot his own neighbour. These are people who know each other, like what happened in Baringo, Wajir and Mandera. It is a shame. We can always call the Government to come and protect us, but we also have a responsibility not to kill our neighbour. The stories that we hear from Wajir and Mandera are a demonstration that as much as we blame another person, there is a responsibility that we must bear. I can excuse situations of Al Shabaab or cases where people have been ambushed, but where neighbours, like in Baringo, are fighting and killing one another over very emaciated cattle--- Even when you take these animals to the market, you will not make a lot of money. Unfortunately, we reduce these useless cattle to equal human life and kill women and children. I think that there is some sense that needs to be driven into the heads of people about the value of life. The Bible says very clearly: - “What will it benefit a man if he were to own all those cattle, tracts of land and the world and lose his soul in eternity?” Madam Temporary Speaker, Sir, as a country, we have lost our soul and values. In any case, maybe we do not have those values, because security goes with the values that we have. There is value for life and other people, and we have reduced this to historical injustices. You cannot continue blaming historical injustices when it comes to value of life. I am encouraged by the manner in which we speak in this House. If this is how we were addressing rallies and people out there in churches and soberly debating issues like this, there would be no cases of incitement, hate speech and so on. It is important that also, as leaders, we take that responsibility. This is because, again, as I said to my constituents over the weekend, the Bible is clear. Paul wrote and The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Madame Temporary Speaker. Sen. Murkomen mentioned my name immediately after the assertion that some of us accumulate wealth and power. In case he does that, I actually do not. So, the record of the Senate should be quite clear in that context.

Madam Temporary Speaker, I thought that Sen. Omar Hassan was rising to confirm that we usually take tea together. Madam Temporary Speaker, the impression that we sometimes create to the public is that these leaders who are supposedly inciting each other do not even meet or shake hands, yet the truth is that we debate here and say what we say passionately. But at the end of the day, we are friends. At the end of the day, I still look up to Sen. Orengo as my mentor. At the end of the day, Sen. Wetangula is still my senior. It is important that leaders translate that which happens in this House to what they say also in the field there, so that we can preach unity. Madam Temporary Speaker, I have heard my colleagues say in rallies that two communities are in power. Which communities are in power? There is nowhere in the Constitution that says that communities are leading the country. President Kenyatta is the President in his individual capacity and not on behalf of Kikuyus. The same applies to Raila Odinga. He is the opposition leader in his own capacity. Therefore, individuals are in power and not communities.

Your time is up!

Madam Temporary Speaker, I beg to support.

Madam Temporary Speaker, since I have realized that there is very little time, I want to go one by one. Madam Temporary Speaker, cattle rustling will be solved only by education. People must go to school to know that there is life after cattle. Take them to boarding schools and force them to go to class. The few who managed to go to mission schools and boarding schools have become Ministers in this country, otherwise, they would have been cattle rustlers. Now that we have county governments, let us establish boarding schools and force every young person to go to school, at least up to Form Four. At least, they will know that there is life after cows. Unless we do that, we will always kill each other, running after cattle. In fact, it happens even in Nyanza and some places near the border of Tanzania, where my friend, the Temporary Speaker, comes from. Madam Temporary Speaker, the other thing that causes trouble in this country is marginalization. If you feel that you are marginalized on land, employment or opportunity, you will kill your neighbour. It is simple. If everytime you go to a place to seek for help and you are told that since you are from this or that community, you cannot The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. Kajwang, your time is up!

Madam Temporary Speaker, I beg to support.

Sen. Lesuuda.

Thank you very much, Madam Temporary Speaker. I will also try to be brief because my colleagues have spoken to many of the issues. I would like to say, from the outset, that I support this Motion. I think it is an important Motion, but we speak The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. Musila.

Thank you, Madam Temporary Speaker. I stand to thank my colleague, Sen. Wetangula, for moving this Motion. I have been sitting behind there, wondering what to say, because it is only last week that we moved a Motion of Adjournment after a very serious incident in Mpeketoni. The Cabinet Secretary (CS) went to take charge; then there was an attack where 15 more people died; after that, it was Baringo and now it is Wajir and Mandera. Madam Temporary Speaker, I think that, as a nation, we are now at crossroads. I think we better now sober up and talk to one another in order to find the solution. I say this because when you see some of the issues that arise – cattle rustling, boundaries, watering points or domestic violence – all these issues are very sad because we are giving our external enemies an opportunity to show our weakness and even hit us more. Madam Temporary Speaker, impunity has been said here as one of the issues. Why, 51 years after Independence, are people still practicing cattle rustling? Why? It is because of impunity, because if you steal cattle and come with it, nothing will happen. That gives incentives to others to do it tomorrow. Attempts have been made by the Government to arrest the situation, but it has never worked because when people are arrested, someone comes up to say “do not touch him; this is our community” and then it goes off. We are now reaping from our inaction in handling security matters. So, may we, please, as a nation, handle this and stop this blame game? Whenever it happens, it is politicians who are targeted; it is said: “Governors, go and write statements;” or “politicians, go and write statements” because of hate speech. This scape-goating will not take us anywhere. We have to be serious. Years ago, Madam Temporary Speaker, in Samburu County, policemen were killed. Those arms which were taken from the policemen are still there. Is the Government not capable of taking those guns back? How come our neighbouring state of Uganda does not have these things anymore? They do not have because they have taken decisive action to arrest their situation. How come the community that lives in Uganda and which is related to the community which lives on this side has stopped or, at least, ceased cattle rustling? The Government must resolve to be firm, arrest the situation and stop these archaic practices which have been going on for ages. Madam Temporary Speaker, I hope that after Mandera and Wajir incidents, we are not going to hear of others. The international community is watching. Today, we have over 2,000 visitors here, holed up in Gigiri, scared stiff. How do you expect visitors to The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Madam Temporary Speaker, just like my honorable colleagues on the other side, I was thinking whether I should contribute to this Motion or not having talked about security for the whole of last week. In fact, every other day, we talk about security. The big question is: Does whatever we talk here have any bearing on what is happening? I get very disturbed. I appreciate the attitude this afternoon from the Senators that they appear to be thinking very critically about this nation. I think this should continue. The time for making statements just to be heard should now stop; the time for addressing the galleries and the public through the Senate about security needs to stop now because this matter is so serious. Madam Temporary Speaker, I listened to you when you were contributing and I was getting even more concerned to hear what you were saying but let us ask ourselves why we are in this situation. Is it that we just blame the Government and people who are in charge of the security organs? What is our contribution? Is it only the concern or do we have a pertinent idea that we want to sell to the Government or to the people concerned with this matter or do we just spend time speaking and that is all? Because of time, I was suggesting that we stop saying that this is non-partisan and so on but get to work. We should get the Members of the Opposition and Members of the other side to sit together as a Committee and form a research team which will give something to this nation so that we appear to the public to be interested in getting a solution to this matter. Just talking alone will not change anything. Just like we pass here Motions where we urge the Government, even today, we are just urging the Government. I am asking myself when are we going to tell the Government to do what we want to be done and it be done. I am not saying this from a point of ignorance. I have been in the Government and I know how the Government works. The Government can only work if you have a specific issue that you can put down and press on it. The Government would not accept to be seen by the people of Kenya that they do not want to do (a), (b) and (c). The Government is headed by politicians and we are also politicians here. Therefore we have to consider whether we are doing the right thing. Are we working together with the other House? There are two Committees; the National Security and Foreign Affairs Committee in the Senate and we have another one in the National The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary Speaker, for giving me this opportunity to speak to yet another Motion of Adjournment within a short span of two weeks and on the same subject. This shows that when we last had the Motion of Adjournment, in spite of the many promises that were given, both inside and outside the House, in spite of the Government’s assurance that they have now put the situation under control--- In fact, I remember the Cabinet Secretary and the Inspector-General went to Mpeketoni after the last incident but it has continued. Unfortunately, it has not only continued in that area but in other areas. As you reminded us, this has been going on for quite some time, which means we are failing somewhere. Therefore, unless we address those root causes, we may not be getting anywhere. Madam Temporary Speaker, because of time, I want to say that as leaders, let us not jump to conclusions so quickly as to who has caused it, who is responsible, who has planned it and so on. We have a tendency of jumping to conclusions and we have a tendency of saying “it is politics or it is political” without any evidence. I am saying “without any evidence” because if they had evidence, by now people would be behind bars and facing charges in court. So, let us stop doing that and let the criminal justice system which involves investigations and hearing of the cases in court be insulated from politics and let them do their work. Let us not prejudice their work by saying who is responsible. Let them do their work Secondly, let us also not engage in sideshows when this is going on. We appear to be focused more on side shows by arresting people for hate speech and asking them to go and record statements whereas we know what they said in those public places. They were on the road. We know word by word what they said. Prima facie, most of them on the face of it, does not amount to hate speech. The way we understand it in law, when you state the facts, that cannot be terrorism or hate speech. If you have to say that that is hate speech, then actually you are violating the Constitution which must be interpreted in a manner which promotes democracy and good governance. Even that Section 33 of the Constitution must be interpreted in a manner that promotes democracy and good governance and so let us not engage in these side shows. It pains me that we are engaging in side shows, without tackling the key issues. Madam Temporary Deputy Speaker, Sir, what are some of these fundamental problems that we must address? Maybe in those areas where there have been ethnic clashes every now and again, there could be a problem of water points, boundaries and historical injustices. Are we addressing those problems or we are addressing the whole The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Asante sana, Bi. Spika wa Muda kwa kunipatia nafasi ili nichangia Hoja hii. Nilikuwa na huzuni sana nilipotazama katika magazeti jinsi vijana walivyochomwa na kuuawa. Tunapoongea, ningependa kuomba wenzangu viongozi wa Kenya tuongee tukiwa na nia moja ili tupate suluhisho la mambo ambayo yanaleta shida katika nchi yetu. Bi. Spika wa Muda, ninaunga mkono wale viongozi wanaosema kwamba inafaa wakutane kwa mazungumzo. Inafaa wazuru maeneo ambayo yana shida. Ni lazima uchunguzi ufanywe ili kutambua ni nini inaleta mizozo katika jamii mbalimbali. Kama viongozi wa taifa hili tunakaa Nairobi kwa muda mrefu sana bila kurudi nyumbani na kuchunguza shida za watu wetu. Ni aibu kuwa kiongozi katika taifa ambalo watu wanauawa kama kuku. Nilipotazama nilihuzunika. Ni jukumu letu kama viongozi, kando na majukumu yetu ya kutengeneza sheria na kutetea haki za kaunti, kuhakikisha kwamba kuna usalama kwa sababu hatuwezi kutekeleza hayo majukumu bila amani. Bi. Spika wa Muda, amani ni ya maana sana. Ni jukumu letu kama viongozi katika nchi yetu ya Kenya kuona kwamba kuna amani bila kujali chama au jamii. Hilo jukumu letu sisi pamoja na viongozi wa makanisa na wale wengine walioko mashinani ambao ni lazima tuwahushishe katika kuleta usalama nchini. Ndani ya Seneti hii na Bunge la Kitaifa, kuna kamati zinazohusika na mambo ya usalama. Inafaa tuwe na mkutano ili tupange jinsi tunavyoweza kutembelea wananchi wetu ili tujue shida zao. Hatuwezi kuketi katika Seneti na kusema kwamba tunawakilisha wananchi wa Kenya ikiwa hatuwezi kujua shida zao. Huwezi kusema kwamba wewe ni kiongozi ikiwa huwezi kujua shida za watu ambao unawakilisha. Usalama ni jukumu letu. Tusiwe watu wa kulaumiana kwa sababu ni jukumu letu kama Maseneta kutembelea zile sehemu ambazo zimeathirika ili tufanye uchunguzi. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Speaker. I spoke on a similar Motion last week. I would like to thank the Mover of this Motion for Adjournment for he cares about this nation. Last week, I said that I am very sad as a mother of this nation because we are giving birth to people who are killing themselves. The mothers feel very pained. The world is watching us and Kenyans are watching us. I have a lot of faith in this House. We have never quarreled in the Senate. If we are really true patriots, we should prove to Kenyans that we are one and speak one language in order to heal this country. We cannot afford to continue seeing what we are seeing and what we are hearing. The situation is becoming unmanageable and unbearable.

Mr. Temporary Speaker, Sir, unless we are pretenders, if we are really Kenyan leaders, where most of you are elected by your people, we should serve the people of this country truthfully without lying to ourselves because it boils down to us, as leaders. We are denying this country very many good things. Our economy is not very good and we have scared international tourists from coming to Kenya. I was in Swahili Beach in Mombasa. There were only five patrons, yet we know that this country is the hub for tourism. It is time we really asked ourselves where we went wrong. Let us be true and speak as brothers and sisters. I think that we have a hidden agenda. Why should we be adjourning business to talk about insecurity, yet we go out there and incite people? It is time we came out in our true colours. I feel very sad that this country is going this way after 50 years of Independence. We need to take stock of what has gone wrong and repent sincerely to God because life is sacred, so that this country can be healed. Mr. Temporary Speaker, Sir, with those remarks, I beg to support.

Asante, Bw. Spika wa Muda, kwa kunipa nafasi hii. Mambo yaliotokea Mpeketoni ni ya kuhuzunisha sana. Wanaume na vijana wetu ambao tulikuwa tunawatarajia kutupatia vizazi vijavyo waliuawa bila sababu yoyote. Bw. Spika wa Muda kama Wakenya tunafaa kujua kuwa tuna shida. Kama hujui tatizo huwezi kujua vile utalitatua. Je, shida ipo na kama ipo ni nini? Je, usalama ni polisi ama Bw. ole Lenku? Usalama ni jukumu letu sote. Tusiangalie mtu mmoja peke yake wala tusitarajie malaika aje atuhakikishie usalama wetu. Ni lazima sote tuangalie mambo ya usalama. Kama wenzangu walisema, ni lazima usalama uanzie kule chini mashinani. Tukitarajia usalama utoke katika ofisi ya juu kabisa, basi hatutaupata. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Jambo la nidhamu, Bw. Spika wa Muda. Je, ni halali kwa Sen. Mvita kusema kwamba hatufai kuwalaumu Al Shabaab ilhali wao wenyewe walisema kuwa walivamia mji wa Mpeketoni? Kama wanaushahidi tofauti waulete hapa?. We want an open society. Kila mtu awajibike na yale mambo anayosema. Merekani, Uingereza, Ufaransa wamesema Al Shabaab ndio waliohusika. Hata Al Shabaab wenyewe wamesema kuwa ni wao ndio walitekeleza uvamizi huo. Je, ni nidhamu kweli kwa mhe. Seneta kusimama hapa na kukanusha bila kuleta ushahidi ulio tofauti na yale ambayo tumeambiwa?

Bw. Spika wa Muda, nilikuwa nasema kuwa hatufai kuwalaumu magaidi wa Al Shabaab kwa maovu yote. Ni lazima tuwe macho zaidi ili tusiwalaumu tu bila kuchunguza zaidi. Bw. Spika wa Muda, wanahabari wengine pia waliripoti kuwa watu walikuwa wanaulizwa majina na kutakiwa kukariri aya fulani ya Quran au kuulizwa swali kwa Kisomali. Pia vyombo vya habari vinafaa kutueleza mambo vizuri,. Hii ni kwa sababu wao wakitupatia mambo ya ukweli, basi uchunguzi utakuwa rahisi kwetu. Bw. Spika wa Muda, hatuna Kenya nyingine ambayo tutaikimbilia. Kenya ni yetu na ni lazima tuitunze sisi sote. Hakuna nchi nyingine ambayo itatuchukua sisi sote ikiwa nchi yetu itachomeka. Ni lazima tuungane sisi sote kama Wakenya na kutatua shida zetu. Nchi yetu imejaa taharuki na kila mtu ana uoga. Ukiangalia picha za wale vijana ambayo waliuawa ni za kuhuzunisha sana. Si jambo la kufurahisha. Natumai kwamba Mwenyezi Mungu yuko macho. Kile unachofanya leo ujue kuwa utajibu kesho. Asante, Bw. Spika wa Muda.

Thank you, Mr. Temporary Speaker, Sir. I would have loved to make my contribution when my colleague, Sen. Hargura was here. It is unfortunate that he has left. Mr. Temporary Speaker, Sir, about two weeks ago, I had the privilege of visiting Marsabit County with Sen. Hargura. We were treated to a cultural event that had more than 14 different ethnic communities. Every time a representative from all those ethnic communities got an opportunity to stand and speak on behalf of their community, the only word they spoke about was security. Each of them had a specific complaint about how insecure they feel in their communities, based on assaults and attacks from inter- ethnic communities. But what was curious was that each of those speakers would mention a name of a leader. We crossed over and visited Turkana County. We did a number of visits with the same team of Senators and other leaders. I remember in one of the meetings, we were treated to beautiful songs by school children. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Temporary Speaker, Sir, for allowing me to contribute towards this Motion. For sure, it is a Motion that we contribute to with a heavy heart because it concerns innocent Kenyans losing their lives. We remain behind asking so many questions as to what might be the problem. What is really happening in this country? As a leader, I ask myself so many questions. What have we done for us to lose the lives of innocent Kenyans? Mr. Temporary Speaker, Sir, it is high time that Kenyans should be given time to speak their minds. It is only when people are given the opportunity to address what is in their minds and to say what they feel that we are going to have peace in this country. It is only when people are given the opportunity to express their feelings and the problems that are affecting them that we will have peace in this country. I have once contributed to this in my district and it worked, when I was the Treasurer of the Peace Committee. When people had confidence in me, they could tell me what could be happening. They believed that once I get the message, I could tell the DC or the Peace Committee. The The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Dr.) Machage): Order! Order!

Mr. Temporary Speaker, Sir, I beg to support. Thank you.

(Sen. (Dr.) Machage): Very good. Sen. (Prof.) Kindiki.

(Sen. (Prof.) Kindiki): Thank you, Mr. Temporary Speaker, Sir. From the outset, I want to thank the Senate Minority Leader, Sen. Wetangula, for moving this Motion. I also want to thank those who spoke before me. I was not in for much of the afternoon, but I followed part of the proceedings. Therefore, I am grateful at the sobriety in which this House has discussed this grave matter; that once more, in less than a week, we are gathered here again to mourn Kenyans who have lost their lives. We mourn the lives of people which have been cut short because of the work of criminals and evil people who have no faith in our great country. These people who think they can destroy life and get away with it. At a time like this one, Kenyans would want to feel a bit low. It is only legitimate to even ask the fundamental question, including why we are not able as a country to get our security right. Those who have travelled will tell you that there is something that we need to re-organize about our consciousness as a nation about security. There are countries like Ethiopia, Rwanda and other nations which are even poorer than Kenya, but the citizens are quite conscious about their environment. That is why you rarely hear of The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Dr.) Machage): Very well! This Speaker also finds it in bad taste for a blanket order to be given by the boss of the police force on politicians. This House has condemned that and I hope he was listening. We had The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Dr.) Machage): Hon. Senators, there being no other business, this House stands adjourned until tomorrow, Wednesday 25th June, 2014 at 2.30 p.m. The Senate rose at 6.06 p.m. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.